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Commercial Real Estate: Buying, Selling, Developing, Financing and Leasing

  • Training

  • 12 Hours
  • Massachusetts Continuing Legal Education, Inc. (MCLE)
  • ID: 5835511
Title and Survey: Explanation of basic title documents, what title insurance is and what it covers, how to decipher key sections of a title insurance policy, and what to expect when negotiating the policy; Essential survey elements and how to locate them

Overview, Offers/Letters of Intent, Acquisition Documents: What should and should not be in a letter of intent or offer to purchase, and why; How to progress from offer or LOI to purchase and sale agreement, including an examination of key purchase and sale agreement issues such as representations and warranties, pre-closing rights and obligations, closing conditions, and remedies for default; Considerations concerning choice of buyer entity

Zoning, Subdivision, Environmental Site Assessments: Overview of zoning law, including forms of zoning relief, and how to perform a zoning analysis on proposed and completed projects; How the Subdivision Control Law and local practices can help or hinder development; What to look for in an environmental site assessment report, and what to do when you find it

Permanent Financing: The loan application and commitment process; Important document provisions, including nonrecourse clauses, subordinate financing, due on sale, prepayment penalties, and financial covenants; How permanent financing documents affect every aspect of your client's project, from the ability to restore the building following a casualty to the ability to find and retain quality tenants

Leasing: Discussion of office and retail lease issues from the perspectives of landlord and tenant, from term sheet to final lease; Key concepts applicable to any lease, including operating and common area maintenance expense and tax provisions and construction of leasehold improvements; How to digest and abstract a lease

Course Content

Day 1 - Thursday, October 27, 2022
9:30 am - 11:30 am
  • Title and Survey
  • Daniel C. Healy, Esq., Seyfarth Shaw LLP, Boston
  • Robert J. Capozzi, Esq., Commonwealth Land Title Insurance/Lawyers Title Insurance/Legal Dept, Boston
11:30 am - 11:45 am
  • Break
11:45 am - 12:45 pm
  • Overview, Offers/Letters of Intent, Acquisition Documents
  • Darren M. Baird, Esq., Goulston & Storrs, PC, Boston
  • Jean C. Bowe, Esq., Goulston & Storrs, PC, Boston
12:45 pm - 1:25 pm
  • Lunch (on your own)
2:25 pm - 2:30 pm
  • Break
2:30 pm - 4:30 pm
  • Zoning, Subdivision, Environmental Site Assessments
  • Kathleen M. Heyer, Esq., Pierce Atwood LLP, Boston
  • Gareth I. Orsmond, Esq., Pierce Atwood LLP, Portsmouth
  • Day 2 - Friday, October 28, 2022
9:30 am - 11:45 am
  • Permanent Financing
  • Edward Gelles, Esq., Dain, Torpy, Le Ray, Wiest & Garner, PC, Boston
  • Sean W. Gilligan, Esq., Gesmer Updegrove LLP, Boston
11:45 am - 12:00 pm
  • Break
12:00 pm - 1:00 pm
  • Leasing
  • Peter Brassard, Esq., Dain, Torpy, Le Ray, Wiest & Garner, PC, Boston
  • Eric M. Labbe, Esq., Dain, Torpy, Le Ray, Wiest & Garner, PC, Boston
1:00 pm - 2:00 pm
  • Lunch (on your own)
4:00 pm - 4:30 pm
  • Ethical Issues in Commercial Real Estate Practice
  • Peter Brassard, Esq., Dain, Torpy, Le Ray, Wiest & Garner, PC, Boston
  • Eric M. Labbe, Esq., Dain, Torpy, Le Ray, Wiest & Garner, PC, Boston
  • Please Note
  • MCLE webcasts are delivered completely online, underscoring their convenience and appeal.
  • There are no published print materials. All written materials are available electronically only.

Speakers

Cochairs
  • Darren M. Baird, Esq., Goulston & Storrs, PC, Boston
  • Eric M. Labbe, Esq., Dain, Torpy, Le Ray, Wiest & Garner, PC, Boston
Faculty
  • Jean C. Bowe, Esq., Goulston & Storrs, PC, Boston
  • Peter Brassard, Esq., Dain, Torpy, Le Ray, Wiest & Garner, PC, Boston
  • Robert J. Capozzi, Esq., Commonwealth Land Title Insurance/Lawyers Title Insurance/Legal Dept, Boston
  • Edward Gelles, Esq., Dain, Torpy, Le Ray, Wiest & Garner, PC, Boston
  • Sean W. Gilligan, Esq., Gesmer Updegrove LLP, Boston
  • Daniel C. Healy, Esq., Seyfarth Shaw LLP, Boston
  • Kathleen M. Heyer, Esq., Pierce Atwood LLP, Boston
  • Gareth I. Orsmond, Esq., Pierce Atwood LLP, Portsmouth
  • Michael W. Parker, Esq., Dain, Torpy, Le Ray, Wiest & Garner, PC, Boston